Penal Law § 235.05

Obscenity in the third degree · as in force on May 31, 2026

§ 235.05 Obscenity in the third degree.

A person is guilty of obscenity in the third degree when, knowing its content and character, he:

1. Promotes, or possesses with intent to promote, any obscene material; or

2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity.

Obscenity in the third degree is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/235.05

In plain English

Knowing its content and character, a person commits third-degree obscenity by:

(1) Promoting, or possessing with intent to promote, obscene material; or
(2) Producing, presenting, directing, or participating in an obscene performance or an obscene part of it. ★

The offense is a class A misdemeanor.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.